Delay in Probate Fee Increase

Wills and Probate Team

The Ministry of Justice (MoJ) conceded on 27th March that the planned changes to probate fees, which could see some rising by more than 3,000%, will not come into force on 1 April as originally intended.

A spokesperson for the MoJ confirmed that the statutory instrument (SI) bringing the revised fee scheme into force would not be laid this week and that Brexit matters had taken precedence.

The plans mean that probate charges would be linked to the size of the estate. Estates valued at more than £2m would be charged £6,000. At present there is a flat fee £155 for those applying through a solicitor (or £215 for a personal application).

Usually, a SI passes unchallenged unless there is a formal objection – all that is required is that the name of the SI is read out before the House and for no-one to shout ‘object’.

It has however been indicated there will be objections. There is no date for when the SI will be laid. If and when the SI is passed it usually takes 21 days to come into force so there is no chance of it being ready for 1st April.

How we can help

Contact Laura Stansfield, Sue Darlington or Susanne Furness in our Wills, Probate & Planning for the Future department to discuss how one of our team of experts can help guide you through this process.


Tel: 0161 330 6821